الحماية الدولية للممتلكات الثقافية المادية في حالة النزاع المسلح

Abstract

International protection of material cultural property
during armed conflict
The development of methods of modern armed conflict and the accelerating
pace of occurrence led to the violation of several provisions of international
humanitarian law, customary and the Convention, it was recognized not persons
and property from such abuses, which were of cultural property, especially
material whether real or movable for grave breaches, despite the emergence of
signs of protection ancient civilizations and religions. Therefore it was necessary
to develop legal rules on the provision of protection to the property, with the
need to develop standards and a basis for discrimination between them and
military targets; in that, since the adoption of the Hague Conventions of 1899
and 1907 rolled documents International urges greater protection of cultural
property during armed conflicts, was the Charter of the Roerich 1935 and the
Hague Convention and accessories for the year 1954 is the first international
document in this specialized subject, established as a special status such as the
protection of cultural property directly to public and private in terms of being an
integral part of the common heritage of humanity. The efforts culminated in the
adoption of Additional Protocol II to the Hague Convention of 1954, which gave
enhanced protection of cultural property.
Because the terms of protection can not be applied on the ground unless
supported with mechanisms see in an integrated framework to ensure respect for
and proper implementation, and this provided for the various conventions of
international humanitarian law relevant to the mechanisms assigned to that task,
whether of a preventive nature, is active before and during the conflict armed, or
regulatory in nature operate during armed conflicts to ensure the commitment of
the disputing parties to apply the provisions of protection. In addition to the
repressive mechanisms of the role of international criminal court, especially the
International Criminal Court as a permanent court and the owner of inherent
jurisdiction in the follow-up of States Parties to prove claimed responsibility for
the crimes of the cultural war.
The safeguards available to protect cultural property in situations of armed
conflict from the legal system and international mechanisms to ensure its
application, has not yet reached the size of the big challenges posed by
contemporary armed conflicts, in order to overcome these challenges are not
needed often to a comprehensive review of the rules of international
humanitarian law, but needs to process the implementation of these rules and
adapt them, and activate those mechanisms and coordinate their efforts. Must be
for that to overcome the political obstacles and considerations of self-interest
that impede the effective implementation of these rules with the work of an
international integrated between States and international organizations in order
to access the respect for cultural diversity and cultural specificity at the same
time, in order to block the return of armed conflict to the concept of total war.